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NY N004164

December 22, 2006



TARIFF NO.: 6212.90.0030

Ms. Cathy Lam
Asian Jade Customs Brokerage
149-09 183rd Street, Room 208
Springfield Garden, N.Y. 11413

RE: The tariff classification of a woman’s bodyshaper from China.

Dear Ms. Lam:

In your letter dated December 5, 2006, written on behalf of Tres Joli Accessories Ltd., you requested a classification ruling.

You have submitted a sample of what you refer to as a “Ladies Knitted Torso Supporting Garment,” style #R754, made up of a knitted 90% nylon and 10% spandex mesh fabric. The submitted garment is a size 38C and features underwire padded and lined cups with adjustable elasticized shoulder straps. A two-ply fabric makes up the garment at the front, which extends from below the cups to the waist and from side seam to side seam. The garment also features a lined and open gusset crotch panel, and hemmed legs that extend to the thigh area. A rubberized, elasticized band, about ½ inch wide, sewn across the underside of the top edge of the garment back helps to hold the garment in place. The pull-on tight fitting all-in-one foundation garment shapes the body from the bust to the thigh area.

The applicable subheading for the foundation garment will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, garters and similar articles and parts thereof, whether or not knitted or crocheted: otherof man-made fibers. The duty rate will be 6.6% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This undergarment falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Deborah Marinucci at 646-733-3054.


Robert B. Swierupski

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